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privileges

In truth, the problem with calling Rudy Giuliani the gift that keeps on giving is not the fact of its politic, but, rather the disaster that statement represents. Caroline Orr, for instance, noted yesterday—

… hence implying that Manafort has incriminating evidence on Trump that would give him leverage to flip.

—and that ought to be hilarious except for the fact that it is real. And toward a certain political objection we might simply note that regardless of aesthetics and sincerely held beliefs, there really are investigations afoot, and one of President Trump’s attorneys really is putting on some extraordinary manner of flaming excremental spectacle.

The lede from Zeke Miller for Associated Press is striking insofar as it is a lawyer saying it instead of some conservative pundit on cable news—and, sure, go ahead and make the obvious point about Rudy Giuliani as a pundit, but what, really, is anyone to actually do with it?—but then we also face the prospect that this is an attorney for the President of the United States, which ought to be significant in and of itself even before begging the question of a sitting president pleading the Fifth:

President Donald Trump’s new attorney, Rudy Giuliani, won’t rule out the possibility that the president would assert his Fifth Amendment right against self-incrimination in the swirling Russia investigation.

“How could I ever be confident of that?” the former New York City mayor and U.S. attorney said Sunday on ABC’s “This Week.”

Giuliani said despite Trump’s openness to sit down with special counsel Robert Mueller, he would strongly advise Trump against it.

“I’m going to walk him into a prosecution for perjury like Martha Stewart?” Giuliani said. Stewart was convicted in 2004 of lying to investigators and obstruction in an insider trading case.

Giuliani suggested that Trump wouldn’t necessarily comply with a subpoena from Mueller, but he wouldn’t rule out the possibility of the president sitting for an interview with Mueller.

“He’s the president of the United States,” Giuliani said. “We can assert the same privileges other presidents have.”

That last is, technically, true; many critics will rightly point out it is also functionally meaningless; asserting privilege is different from actually exercising them insofar as one must make the assertion stick, and history does in fact seem clear on this point, which in turn means invoking and asserting a constitutional right: The President of the United States will not convey any true information that would incriminate him. (more…)